Estates disputes do not always stay neatly within the boundaries of estates law. A dispute involving a power of attorney or the administration of an individual’s property can quickly give rise to other claims, including allegations of breach of fiduciary duty, negligence, or defamation. When that happens, what is the best way to move the […]
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- Estate Litigation
Estate litigation is a broad term that encompasses will challenges and will interpretations, contested estate administration and probate applications, the removal of executors or the rectification of a defective will. It includes a variety of disputes between executors and beneficiaries, as well as disappointed beneficiary claims and allegations of delay or the mismanagement of estate assets.
Beyond the unique legal issues involved, estate litigation is notable for being emotionally-charged. Even families that were once close can disintegrate under the stress of litigation. Unchecked litigation can quite literally bankrupt an estate or saddle the losing party with significant legal costs. Having an experienced estate litigator who is able to quickly grasp the issues at stake and how best to resolve a contentious estate dispute is a must.
Related papers/blog
Obtaining Third Party Records in a Will Challenge-A Look at a Saskatchewan Case
A recent Saskatchewan case highlights how will challenges vary by province to province as does the evidentiary threshold required under each jurisdiction. For example, in Saskatchewan, an applicant/challenger must go through two levels of hearings; a threshold Chambers hearing (a judge reviews the written record to determine if there is sufficient merit in the application […]
read moreThe Discretion of Costs
In April 2026, I wrote about the decision in Kunka Estate v. Giasson, which considered whether resulting trust principles apply to beneficiary designations on registered accounts such as TFSAs and RRIFs.
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